European Union-European Company And The European Union-Wide Group Of Companies On Information And Consultation Of Employees Act

Original Language Title: Eiropas Savienības mēroga komercsabiedrību un Eiropas Savienības mēroga komercsabiedrību grupu darbinieku informēšanas un konsultēšanās likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/230721

The Saeima has adopted and the President promulgated the following laws: the European Union-wide company and Union-wide group of companies on information and consultation of employees Act Chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) the central management, the European Union Executive Body of a company or Union-wide company groups the ruling company Executive;
2) Member State, the Member States of the European Union and the Republic of Iceland, the Kingdom of Norway, the Principality of Liechtenstein;
3) of European Union company — company that employed in the Member States for not less than 1000 employees and two or more Member States, of not less than 150 employees each;
4) Union-wide company group — the ruling company and one or more dependent companies that meet the following characteristics: (a)), the Group company in which Member States employed no less than 1000 employees, b) at least two of the companies in the group are located in different Member States, (c)), at least one company of the group, which employs no less than 150 employees, is located in one Member State and at least one other group company , which employs no less than 150 employees, in another Member State;
5) information — the process by which the employer provides information to employee representatives, allowing them to acquaint themselves with the subject matter and to examine it;
6) consultation, exchange of views and dialogue between employees ' representatives and central management or any other appropriate governing body.
2. article. The purpose of the law this law aims to provide the European Union and the organisation of European Union companies group employees ' right to information and consultation.
3. article. The scope of application of the law (1) this law applies to the European Union-wide commercial companies established in Latvia, EU-wide company branches established or located in Latvia and the European Union-wide company in the Group of companies that are registered in Latvia.
(2) the provisions of this law, except article 31 shall not apply EU-wide company or Union-wide group of companies if: 1) the agreement on the European workers Council or other arrangements for the information and consultation of the discovery concluded until 22 September 1996, and it applies to all employees, as well as transnational employee information and consultation, or if such an agreement is tailored to the European Union-wide company or Union-wide company group structure changes as well as if the parties, after the expiry of the agreed period, agreed on its extension;
2) European Agreement concerning the establishment of the Council or an employee information and consultation other arrangements concluded at the discovery or amended in the context of European Union company or Union-wide company group structure changes during the period from 5 June 2009 to 5 June 2011, and if the parties agreed on the expiry of the period agreed on its extension.
(3) this law shall not apply to the crews of vessels employed on vessels used in commercial activities.
4. article. Information and consultation, the General provisions (1) the European Union and the organisation of European Union companies group employees ' right to information and consultation is implemented by creating a European Workers Council or a another setting for the information and consultation of the employees of European Union company or Union-wide group of companies.
(2) measures concerning worker information and consultation shall be determined and implemented so as to ensure their effectiveness and effective decision making in the European Union-wide or company-wide European Union group of companies. The central management and the European Council of the employees or employee representatives, other employee information and consultation in the framework of the agenda, cooperate, taking into account the mutual rights and obligations.
(3) the worker information and consultation to be carried out at the appropriate level of management and representation, taking into account the nature of the question under discussion. The European Council the competence of employees or other employee information and consultation procedures shall apply only to the amount of issues that affect European Union company or all Union-wide group of companies or at least two commercial companies or company branches in at least two Member States (hereinafter referred to as the supra questions).
(4) the information provided to employees ' representatives in good time, as well as appropriate and to the extent to enable them to carry out a comprehensive assessment of the possible impact and, where appropriate, prepare consultations with the relevant European Union company or Union-wide group of companies management institution.
(5) the consultation with employees ' representatives in good time, as well as to the appropriate method and, in order to allow them to take into account in connection with the consultation of the information received, the reasonable period to express their views, without prejudice to the responsibilities of management.
(6) the European Council of the members of staff are obliged to inform the European Union of a company branch or Union-wide group of companies, the representatives of the employees of the company or, if not, all the employees on the chairing of information and consultation of the progress and results.
5. article. The ruling company (1) the ruling company within the meaning of this law is a European Union-wide company group company, which has a decisive influence in one or more EU-wide company group companies (dependent company).
(2) the decisive impact exists when a company relative to other company directly or indirectly: 1) is the company's subscribed capital, most of the holder;
2) controlled most of the votes associated with the shares of another company (capital);
3) may elect or cancel this other company executive or supervisory bodies of the majority of members.
(3) If several European Union-wide company group company at the same time meet one or more of the second part of this article, the criteria referred to in the ruling company ranks commercial company, corresponding to the second paragraph of this article, paragraph 3 this criterion.
(4) the ruling company rights in relation to voting and Executive or supervisory bodies of members of the election or revocation under the second part of this article includes any dependent commercial companies law and any person or institution, acting in his own name but on the company or other ruling of the ruling company dependent company.
(5) Notwithstanding the first and second part, company shall not be considered the prevailing company relative to other companies, in which it has an investment, if the company meets the Council of 20 January 2004, the Regulation No 139/2004 on the control of concentrations between undertakings, article 3 of the fifth part "a" and "c" above.
(6) the decisive influence does not exist, if the winding up of the company has commenced or declared its insolvency.
(7) in order to determine whether the company is to be recognized as the prevailing company, applicable measure in the Member State in which the company is registered. If the company is registered outside the territory of the Member States, the Member State shall apply a measure, within the territory of which a company representative or, in the absence of such a representative, the European Union-wide company group company, which employed the largest number of employees.
Chapter II of European workers Council or other employee information and consultation procedure for the determination of article 6. Central management duties (1) the central management of the European Workers Council or other employee information and consultation procedure for the determination of the European Union-wide or company-wide European Union group of companies.
(2) if the European Union-wide company group contains one or more Union-wide commercial companies or groups of companies, the European Council established the employee only commanding company, unless otherwise agreed.

(3) If the central management is not situated in a Member State, the first subparagraph shall set out in its appointed representative in Latvia. If this is not the representatives, in the first paragraph of this article shall set a company branch in Latvia or in the management of European Union company in Latvia in the group established by the executive body of the company, if the company concerned in the branch or company employed the largest number of employees in the Member States.
(4) referred to in the third subparagraph, if such representative or representatives, the European Union's commercial affiliates, or the management of European Union company company management in the group is regarded as the central management.
(5) the implementation of effective information and consultation, central management, if necessary, provide training for the representatives of the employees required for the performance of their duties in the international environment. The need for training and content shall be determined by mutual agreement between the central management and the special negotiating group or of European workers Council.
7. article. Provision of information (1) the central management, as well as in the European Union-wide company in Latvia in the group established by the executive body of the company is responsible for results and stakeholders provided the information required in article 8 of this law that the opening of negotiations, in particular with information on the European Union scale company or Union-wide company group structure, employees and their number, as well as the placement of Member States.
(2) the number of employees is calculated from the average during the last two years the number of employees, taking into account also the employees who are employed part time.
8. article. The special negotiating body (1) to conduct negotiations with the central management regarding the establishment of the European workers Council or on other information and consultation procedures, after the establishment of the central leadership's initiative or at the central management employees submitted to or their written request of representatives creates a special negotiating group. Request signed by not less than 100 employees or their representatives in at least two EU-wide company or Union-wide commercial branches located in at least two different Member States. If requests are submitted, the signatures are counted together.
(2) where such a request is submitted to the European Union-wide commercial affiliates management or the Union-wide company in the group to the executive body of the company, located in Latvia, it shall without delay demand the central management and inform employees or their representatives.
(3) the Special negotiating body shall immediately inform the central management of your composition.
(4) the central management shall inform the European Union of the company or the management of the branch-wide European Union Company Company Executive in the Group on the special negotiating body, its composition and the opening of negotiations. Central management also provides this information to the relevant European Union of employers ' and workers ' organizations, if the central management and the special negotiating body have agreed that this information will provide a special negotiating body.
9. article. A special negotiating body composition (1) the Special negotiating body shall be determined in proportion to the number of members in each Member State in the European Union-wide or company-wide European Union group of companies, the number of staff employed.
(2) employees employed in the Member State and is 10 percent (or less, if not the full 10 percent) of employees employed in all the Member States, the special negotiating body representative of the employees ' representative.
10. article. The election of the representatives of the employees of the special negotiating group (1) European Union-wide company or its affiliates, or of European Union companies within the Group company registered in Latvia in the employees ' interests to a special negotiating body representative of the employees ' representatives in the current, if the employees decide otherwise.
(2) If no such employee representatives or employees decided the special negotiating group to elect different representatives, employees working in the procedure prescribed by law shall elect representatives to represent their interests in negotiating special.
(3) if the employees representing both workers Union and authorised representatives of employees, employee representatives are empowered to choose a special negotiating team members in proportion to the number of employees represented, but not less than one member of the negotiating team for each level of the European Union or its subsidiary company or Union-wide company group within the company.
(4) the special negotiating body includes at least one representative from each registered in Latvia in the European Union-wide commercial companies or its affiliates, or of European Union company established in Latvia in the Group companies. From Latvia's special negotiating team members must not exceed the number of representatives of employees in Latvia, determined in accordance with article 9 of this law.
(5) if the European Union registered in Latvia-wide company or its affiliates, or of European Union commercial company within the group is larger than the defined Latvia's special negotiating group to be included in the number of representatives of employees, employee representatives agree on joint representative of employees in the special negotiating body. If no agreement is reached, Latvia employees employees represent its European Union-wide commercial companies or affiliates or Union-wide company group company employee unions or, in its absence, authorized representative of employees, which has the largest number of employees.
11. article. The special negotiating body and the central management of the conclusion of the agreement (1) the Special negotiating body and the central management in writing to conclude an agreement on the establishment of the European workers Council or on other information and consultation procedures.
(2) the central management ensures timely special negotiating group with its name in the required information and documents.
(3) the conclusion of the first paragraph of this article, the central management shall organise negotiations with the special negotiating body and notify the European Union-wide commercial affiliate management or Union-wide company within the Group company executive. The special negotiating body, where appropriate, may invite experts designated by them, including the recognition of the competent European Union-level trade union representatives. These experts and representatives of trade unions at the special request of the negotiation group may be present at negotiation meetings in an advisory capacity.
(4) the Special negotiating body shall be entitled to at least a two-thirds majority of the votes of all members decide not to open negotiations in accordance with the third paragraph of this article or to terminate the negotiations already begun. Following the decision to stop in the first paragraph, that the conclusion of the agreement. A new request to organize negotiations with the special negotiating body or the central management of the special negotiating body may express no earlier than two years after the adoption of the relevant decision, if the interested parties agree to a shorter period.
(5) the Special negotiating body and the central management shall agree on the detailed rules of the negotiations. If such an agreement is not concluded, the special negotiating body and the central management of the first meeting shall establish the order in which the task further negotiations. The special negotiating body and the central management protocols of meetings signed by both parties ' authorized representatives.
12. article. The special negotiating body and the associated costs (1) the Special negotiating body shall take decisions by simple majority, except for article 11 of this law in the fourth part of the event.
(2) the Special negotiating body shall elect from among its members the Chairman of the special negotiating body.
(3) before each meeting with the central management and the special negotiating group after they are entitled to meet without the representatives of the central management being present, using the communication features you need.
(4) expenses related to the special negotiating body, including the setting up and operation of the election of its members, with the Organisation (space, materials, personnel, translation needed), as well as a special negotiating group insurance, agreed to by the parties, and missions, with one expert joined the special negotiating group tasks, shall be borne by the central management.
13. article. Agreement on the European Workers Council contain (1) a written agreement that, subject to the principle of voluntariness, the parties entered into between the special negotiating body and the central management shall determine: 1) of European Union company company in the group or Union-wide commercial branches covered by this agreement;

2) the European Council of the composition of the Staff, the distribution of posts, and the number of members term of Office, as well as, where appropriate, the European Council Committee of employees, the terms and conditions of appointment, functions and internal rules, if such a Committee is supposed to create. A European employee Council, take into account the need to ensure adequate representation of employees according to their scope, category and gender;
3) of European workers Council functions and the order in which the central management shall inform the European Council staff and consult with them, as well as procedures are harmonised European staff Council and of the representatives of the State employee information and consultation in the light of article 4 of this law, the third part;
4) European Council meetings of employees in the venue, frequency and duration of meetings;
5) European Council of employees or arranging financial and material resources;
6) time of entry into force of the agreement and the term of validity, the rules for modification or termination of the agreement, as well as cases in connection with the agreement shall be renegotiated, and this further negotiation modalities, including, if necessary, make changes to the European Union-wide company or Union-wide company group structure.
(2) if the agreement terms are not included in the first paragraph of this article, paragraph 3 in the order in which the line of European workers Council and Member State representatives of employee information and consultation, both with the European workers Council and the representatives of the employees of the Member State where the decision can significantly change the work organisation or contractual relations.
14. article. Other information and consultation procedures If, in the determination of the special negotiating body and the central management of the arrangement in writing rather than on the creation of the European workers Council, but on the other information and consultation procedures, the determination of the conditions of this agreement, any method used by the employees ' representatives to conduct the discussions and examine the information, in particular information on transnational questions which significantly affect the employees ' interests.
15. article. The application of the provisions of the arrangement agreement concluded between the special negotiating body and the central management, applies to all European Union-wide commercial affiliates, but the scale of the European Union in the case of a group of companies to all the constituent companies in the Member States, if an agreement on the establishment of European staff Council or other information and consultation procedures do not provide for the determination of the scope.
16. article. Other terms relating to application, extension of the arrangement, and the conclusion of a new agreement If this law referred to in article 11 of the agreement does not include provisions for its application, extension, termination or conclusion of a new agreement, the following provisions shall apply: 1) considered that a sealed agreement is in force for an indefinite period;
2) the central management and the European Council of the employees or employee representatives, who act in accordance with the other for the information and consultation of the employees, terminate the agreement at least six months before its expiry, informed the other party;
3) If this agreement is valid for an indefinite period or does not include a provision for the validity of this agreement, the term of the central management and the European Council of the employees or employee representatives, who act in accordance with the other employee information and consultation procedure, it may be terminated at least six months before each of the four-year period, counted from the date on which the agreement enters into force;
4) if the agreement has expired and neither of the Parties propose to conclude a new agreement, is considered an extension of the agreement for the same period, to which it had been concluded;
5) if the agreement has expired or has been terminated the agreement, its provisions are applicable to the conclusion of a new agreement or until the application of this law, the provisions of article 17;
6) if the agreement has expired or the agreement is terminated, the employee Council has the right to a special negotiating team in place to conclude a new agreement, as well as to adopt this law, article 11 of the fourth part of these decisions. Where it is proposed to conclude a new agreement to establish another for the information and consultation, to create a new special negotiating body pursuant to article 8 of this law.
Chapter III the European workers Council and actions specific provisions article 17. The application of the specific provisions of European workers Council created the special rules apply if: 1) on the application of such rules to agree special negotiating body and the central management;
2) central management during the six months of this law article 8, referred to in the first subparagraph, the date of the application, refuses to open negotiations;
3) the parties within a period of three years from the date of submission of the application do not have this law, in article 11 of this agreement.
18. article. European workers Council (1) the European Council consisting of staff of European Union company or Union-wide company group employees from among the elected representatives of the employees or employee if there are no such representatives.
(2) the employee number of the members of the Council shall be determined in proportion to the existing in each Member State of European Union or company-wide European Union group of companies, the number of staff employed.
(3) the employees employed in the Member State and is 10 percent (or less, if not the full 10 percent) of employees employed in all the Member States, the Council of the European Employees represented by one employee representative.
19. article. European workers Council meeting (1) the central management by the European Council on the election of members of staff to immediately organize the founding meeting, which adopted the European Workers Council rules of operation, as well as from the European staff Council members elect the Council Chairman and a Vice-Chairman.
(2) the European Council of employees represented by the President of the Council, but in his absence, the Deputy Chairman.
(3) the European Council of employees in its decisions by a simple majority.
20. article. The opening of negotiations on the conclusion of the agreement of European workers Council, four years after its founding meeting by a simple majority whether to open negotiations with the central management, on article 11 of this law referred to in the first paragraph of the conclusion of the agreement or to continue to apply the specific provisions of this chapter. If the European Council decides to start Employee negotiations for the conclusion of the agreement, it has the same rights and obligations as a special negotiating group.
21. article. The European employee the term of Office of the members of the Council (1) the European Council of employees term of Office of members is four years, unless it is terminated before the expiry of that period after some Council members initiative or for other reasons (a refusal to perform his duties, long-term illness, infringements of the provisions of this law and other cases).
(2) every two years, starting from the European Council meeting of employees, the central management shall verify that the number of employees in one of the Member States has changed dramatically and that the European Council is composed of employees be amended pursuant to article 18 of this law, the second and third subparagraph. The central management shall inform the European Council of the employees of the information obtained.
22. article. The European employee Council deliberations, with the central management Employees of the Council of Europe at least once a year, hold consultations with the central management, to get information and advice, on the basis of the report, which provides the central management on the European Union scale company or Union-wide group of companies and the development of the Economic Outlook. Consultation time and place with the central management. The European Council of employees organizing additional consultations, in agreement with the central management. The European Council staff and central management deliberations are closed.
23. article. Information on staff members of the Council to the European Council of the employees immediately inform the central management or other appropriate governing body of the Council of Europe staff members. The central management shall forward this information to the European Union-wide commercial affiliate management or Union-wide company group company within the Executive.
24. article. The election of the representatives of the employees of European workers Council (1) the European Council consisting of staff officers, who shall be elected by the Workers Union, if it represents at least 50 percent of the European Union-wide commercial companies or its affiliates employees or Union-wide company registered in Latvia in the Group of the company's employees, or authorized representative of employees, if not represented by a trade union workers.
(2) if the European Union-wide company or its branch or Union-wide company in Latvia in the Group company is not registered in the employee representatives, the employee members of the Board elected by all employees working lawfully authorised representatives of employees in the election.

25. article. The European Council the competence of employees employees of the Council of Europe competence applies only to transnational matters.
26. article. Central management competence (1) central management employees are with the European Council, to provide information and advice on EU-wide company or Union-wide group of commercial companies.
(2) of this article, the information laid down in the first subparagraph shall apply to: 1) of European Union company or Union-wide company group structure, economic and financial situation;
2) of European Union company or Union-wide group of companies, as well as to the development of production and trade;
3) the employment situation and its probable development;
4) investments (investment);
5) major organisational change;
6) new working methods or production processes;
7) transfer of production to another location;
8) company, its affiliates, or to a substantial part of the merger, the transaction volume reduction or closure;
9) collective redundancies.
(3) in consultation with the European Council take on employees of the second paragraph of this article, 3., 4., 5., 6., 7., 8., and provided for in paragraph 9. Consultation takes place in such a way as to enable employees ' representatives would meet with the central management and receive a reasoned answer to his views.
27. article. The European Council Committee of employees (1) to ensure the coordination of its activities, the European Council of employees from among the elected Committee of the European workers Council (hereinafter the Committee) of not more than five members, which is provided under conditions of regular activity. The European Council, elected by the Staff Committee.
(2) the Committee or, in the absence of European workers Council consultations with the central management or any other appropriate governing body for information and advice on the circumstances referred to in article 28 of this law, in the fourth paragraph. The European Council staff members, who are elected or appointed in the company, subject to the measures referred to above are entitled to participate, together with the deliberations of the Committee. They do as soon as possible, on the basis of a report prepared by which the central management or any other appropriate level of EU-wide company or Union-wide group of companies executive body and for which the members of the Committee shall deliver its opinion after consulting, but not later than within seven days.
(3) in relation to the second part discussed and referred members of the Committee the application of article 11 of this law the fifth part.
28. article. The European Council and the employee Committee (1) prior to any consultations with the central management and the European staff Council Committee is entitled to meet each other without central control.
(2) the expenses associated with the employee Council and the activities of the Committee, also with the election or appointment of the members of the Organization of the consultation (space, materials, personnel, translation needed), as well as the European Council staff and members of the Insurance Committee, agreed to by the parties, and missions, with one expert evidence shall be borne by the central management, by providing these institutions with financial and material resources.
(3) the central management shall inform the European Union of a company affiliate management or Union-wide commercial company within the Group Executive for central management and the European staff Council deliberations.
(4) If you have special circumstances or decisions are taken about the company or its affiliates or its effects most of the relocation to another location, company or its affiliates, in the event of collective redundancies and other activities which affect the interests of the employees, the central management shall in due time inform the Committee or, in the absence of European workers Council of the circumstances and provide the necessary information and advice.
(5) the Committee or the Council of the European workers use at its discretion the designated experts, if this is necessary for its tasks.
Chapter IV final provisions article 29. Confidential information (1) the European Council staff and the special negotiating body members and representatives of other workers for the information and consultation, as well as experts and interpreters, which gives them their services, not to disclose confidential information to third parties.
(2) in the first paragraph, the prohibition laid down in relation to the disclosure of confidential information to third parties is in effect regardless of whether the person concerned performs its duties or has finished it.
(3) the central management may refuse to provide information where the disclosure or use, taking into account the nature and objective reasons can seriously harm, or to inflict damage European Union-wide or company-wide European Union group of companies.
(4) in the third paragraph of this article, the rights do not apply to the information on the number of employees in the company.
30. article. The protection of employees ' representatives (1) the Special negotiating body, the members of the Council of Europe Staff members and representatives of other employee information and consultation in the framework of their duties during the applicable equivalent protection and guarantees as employee representatives at national level in the country in which they operate in accordance with its national legislation or practice.
(2) the first paragraph of this article representatives from Latvia granted leave so they could attend the special negotiating body or the European staff Council or any other article 11 of this law referred to in the first paragraph under the agreement to organise the meeting, keeping the employees pay if certain time salary or average earnings if he fixed the chord's salary.
(3) If the first paragraph of this article representatives from Latvia participates in the training required for the performance of their duties in an international environment, such employee training time saves the specified pay, if certain time salary or average earnings if he fixed the chord's salary.
(4) the parties may agree on more favourable conditions for the protection of employees ' representatives provided for in this article.
31. article. Agreements in force (1) if the European Union-wide company or Union-wide company group company reorganisation (merger, Division or transformation) or other measures (company, organization, transitional of forfeiture, etc.) as a result of significant changes in the structure and if the existing agreement on the establishment of the European workers Council do not contain provisions on the composition of the Council of the European employees and activity customization or if it finds a conflict between two or more provisions of the agreements concluded by the central management, on its own initiative or after at least 100 employees or their representatives in at least two companies or company branches in at least two Member States, the written request shall initiate this law article 8, referred to in the first paragraph. These rules also apply when the European Council site of employees has created a different information and consultation procedures.
(2) If the first paragraph of this article shall be established in the special negotiating group that will hold negotiations with the central management, the special negotiating group in addition to the special negotiating body shall be elected by the members in accordance with article 9 of the law, included at least three existing European staff Council members. During the negotiations for the conclusion of a new agreement to the existing Staff of the Council of Europe will continue its activities in accordance with the provisions contained in the agreement between the central management and the European staff Council.
(3) the first and second parts of the rules applicable in the European Union-wide company or Union-wide company group, which concluded in or amended by this law, article 3 of the second paragraph of point 1 and 2 of this agreement and make major changes to the structure.
32. article. Settlement of disputes disputes arising in connection with this statutory scale companies of the European Union or Union-wide company group of employees the right to information and consultation, the labour law.
Transitional provisions 1. With the entry into force of this law shall lapse by the law on commercial companies of the European Union and the European Union-wide company group worker information and consultation with these employees "(Latvian Saeima and the Cabinet of Ministers rapporteur, 2001, nr. 10, 5. no; 2008).
2. in the case of European Union company or Union-wide group of companies, which have been concluded or amended this law article 3, second paragraph, referred to in paragraph 2, the agreement shall continue to apply to the law "on European Union-wide company and Union-wide company group worker information and consultation with these employees".
Informative reference to European Union directive

The law includes provisions arising from the European Parliament and of the Council of 6 May 2009 directive 2009/38/EC on the establishment of a European Works Council or a procedure for informing and consulting employees in Community-scale undertakings and Community-scale groups of undertakings.
The law shall enter into force on 6 June 2011.
The Parliament adopted the law of 19 May 2011.
The President of the Parliament instead of the President s. Āboltiņ 2011 in Riga on May 27.